Insurance & ERISA Litigation Blog
The Basics of an ERISA Life, Health and Disability Insurance Claim – Part Eleven: Personal Statements and Witness Statements
In this several-part blog series titled The Basics of an ERISA Life, Health and Disability Insurance Claim, we discuss the basics of an ERISA life, health, accidental death and dismemberment…
McKennon Law Group PC Achieves Complete Success at Trial Against Long-Term Disability Insurer Aetna in ERISA Lawsuit
Disabled claimants who suffer from conditions like myalgic encephalomyelitis/Chronic Fatigue Syndrome (ME/CFS) often face difficult hurdles in getting their disability benefits paid because of the subjective nature of these conditions….
Second Circuit Finds Plaintiff Properly Plead Theories of Equitable Estoppel, Surcharge, Reformation and Breach of Fiduciary Duties to Hold Plan Administrator to Promise After Its Clerical Error Provided Over 50x Policy Value
Big, bureaucratic insurance companies and plan administrators can often mistakenly calculate benefits or provide incorrect accountings to insureds. These mistakes can become especially pronounced over time where insureds rely upon…
The Basics of an ERISA Life, Health and Disability Insurance Claim – Part Ten: Vocational Experts
In this several-part blog series titled The Basics of an ERISA Life, Health and Disability Insurance Claim, we discuss the basics of an ERISA life, health, accidental death and dismemberment…
Department of Labor and Internal Revenue Service Provide Beneficiaries and Administrators Additional Time to Address Matters Related to ERISA and COBRA
COVID-19 has disrupted nearly every facet of life. The insurance industry is no exception. However, unlike some industries, the insurance industry is governed by a statutorily mandated and rigid system…
McKennon Law Group’s Client Wins ERISA Pension Lawsuit
On April 1, 2020, Judge Janet Hall of the District of Connecticut ruled in favor of McKennon Law Group PC’s clients in their ERISA lawsuit against the administrator of their…
Discovery in De Novo Review ERISA Cases: Court Grants Plaintiff’s Request for Bias Discovery Concerning Paper Reviewing Consultants
In ruling on an action to recover ERISA benefits, a court generally considers only the evidence contained in the administrative record. However, in certain circumstances, a plaintiff in an ERISA…
District Court Chastises Aetna for Committing Several ERISA Violations Through Its Denial of Disability Claims
Facing a long-term disability (“LTD”) claim, insurers often attempt to tip the scales against insureds in order to deny legitimate claims for benefits. This imbalance can become especially pronounced where…
Coronavirus: California Insurance Commissioner Orders Policyholder Safeguards
Coronavirus, or COVID-19, has hit California extremely hard. Since the outbreak, there have been many questions from clients regarding what kind of impact the novel coronavirus (COVID-19) will have on…
California Supreme Court to Review the Court of Appeal’s Ruling in McHugh v. Protective Life Insurance
In the October 2019 matter, McHugh v. Protective Life Insurance, 40 Cal.App.5th 1166 (2019) (“McHugh”), the California Court of Appeals ruled that Insurance Code Sections 10113.71 and 10113.72 only apply…
